Bill C-5
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Her Majesty
Binding on Her Majesty
205.002 This Part is binding on Her Majesty in right of Canada or a province.
Application
Application of Part
205.003 (1) This Part applies to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Employees and other passengers in transit
(2) This Part also applies to employees and other passengers while — and immediately before — being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.
Non-application of Parts II and III of Canada Labour Code
205.004 Despite subsections 123(1) and 168(1) of the Canada Labour Code and any other Act of Parliament, Parts II and III of the Canada Labour Code do not apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Non-application of Canadian Human Rights Act
205.005 The Canadian Human Rights Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Non-application of Non-smokers’ Health Act
205.006 The Non-smokers’ Health Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Application of Newfoundland and Labrador social legislation
205.007 (1) Newfoundland and Labrador social legislation and any regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Inconsistency or conflict
(2) In the event of an inconsistency or conflict between the provisions of this Act, or any regulations made under it, and the provisions of Newfoundland and Labrador social legislation or any regulations made under that legislation, the provisions of this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.
Application of Labour Relations Act, R.S.N.L. 1990, c. L-1
205.008 (1) Despite section 4 of the Canada Labour Code and any other Act of Parliament, the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and any regulations made under it, apply to and in respect of
(a) a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area and that is in the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area;
(b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and
(c) a dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.
Application of Part I of Canada Labour Code
(2) Part I of the Canada Labour Code applies to and in respect of a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure.
Purpose
Prevention of accidents and injury
205.009 (1) The purpose of this Part is to prevent accidents and injury arising out of, linked to or occurring in the course of employment to which this Part applies, in particular by
(a) allocating responsibility for occupational health and safety among the Board and the persons, unions and committees having obligations under this Part; and
(b) establishing a framework for them to exercise their rights and carry out their obligations.
Preventive measures
(2) Preventive measures should first aim at the elimination of hazards, then the reduction of the risks posed by the hazards and finally, the taking of protective measures, all with the goal of ensuring the health and safety of employees.
Allocation of Responsibility
Principles
205.01 (1) The allocation of responsibility for occupational health and safety is based on the following principles:
(a) operators have overall responsibility; and
(b) operators, employers, suppliers, provid- ers of services, employees, supervisors, owners and interest holders have individual and shared responsibilities, and are responsible for cooperating with each other and coordinating their activities related to occupational health and safety.
Specific obligations not to limit general obligations
(2) For greater certainty, the imposition of any specific obligation under this Part shall not be construed as limiting the generality of any other obligation under this Part.
Duties of Operators
Duty to establish occupational health and safety policy
205.011 (1) Every operator shall develop an occupational health and safety policy governing its workplaces.
Contents
(2) The policy shall be set out in writing and contain
(a) the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety;
(b) the responsibilities of the employers at any of the operator’s workplaces related to occupational health and safety; and
(c) any prescribed requirements.
Duty to review
(3) The operator shall review the policy at least every three years in consultation with each workplace committee that it establishes and with each employer at any of the operator’s workplaces.
Duty to take reasonable measures
205.012 Every operator shall take all reasonable measures to ensure the health and safety of all employees and other individuals at its workplaces and of all employees or other passengers while — and immediately before — being transported on a passenger craft to or from any of those workplaces.
Specific duties — workplace
205.013 Every operator shall, in respect of each of its workplaces,
(a) ensure the coordination of all work and activities for which an authorization has been issued to the operator;
(b) comply with its occupational health and safety management system, and ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with that system;
(c) ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them;
(d) ensure that all employers, supervisors and employees at, owners of and suppliers and providers of services to the workplace comply with the provisions of this Part and the regulations made under this Part;
(e) ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards;
(f) ensure that all work and activities for which an authorization has been issued are conducted so as to minimize the exposure to hazards, including hazardous substances, of all employees and other individuals at the workplace;
(g) ensure that any installations, facilities, equipment and materials at the workplace are properly installed, stored and maintained and are safe for their intended use;
(h) ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances;
(i) ensure that all employees and other individuals at the workplace are provided with the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;
(j) ensure that all employees and other individuals at the workplace are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment that is prescribed or that is required by the operator to be used or worn;
(k) ensure that all employees and other individuals at the workplace are provided with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;
(l) comply with the occupational health and safety requirements of any authorization issued to them, and those undertaken in the declaration related to the authorization, and record all instances of failures to comply with those requirements as well as any measures taken to rectify the failure or to prevent further such failures;
(m) ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report any instances of failures to comply with those requirements to the operator;
(n) inform the relevant interest holders of the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of any failure to comply with those requirements;
(o) ensure that members of committees established for the workplace are provided with the support, opportunities and training — including any that are prescribed — necessary to enable the members to fulfil their duties and functions as a member of the committee;
(p) cooperate with those committees and facilitate communications between the employees and the committees;
(q) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition “workplace” in subsection 205.001(1) is inspected by or on behalf of the operator at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates;
(r) ensure that a record is kept of each inspection referred to in paragraph (q), including any corrective action taken as a consequence; and
(s) cooperate with the Board and with persons carrying out duties or functions under this Part.
Specific duties — passenger craft
205.014 (1) Every operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces,
(a) ensure that the employees and other passengers are provided with any information and instruction — including any that are prescribed — necessary for their health and safety; and
(b) ensure that the employees are provided with the operator’s contact information for the purposes of subsection 205.054(2).
Specific duty — passenger craft
(2) Every operator shall ensure that a passenger craft going to or from any of its workplaces
(a) meets the requirements of any Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and
(b) is equipped with any equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed.
Specific duties — personal protective equipment
(3) Every operator shall ensure that all employees and other passengers on a passenger craft going to or from any of its workplaces
(a) are provided with any personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and
(b) are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment provided under paragraph (a) and the equipment, devices and materials referred to in paragraph (2)(b).
Occupational health and safety management system
205.015 (1) Every operator shall develop, implement and maintain an occupational health and safety management system that fosters a culture of workplace safety and that is adapted to the circumstances of the work or activity specified in each authorization issued to the operator, for the purposes of
(a) implementing its occupational health and safety policy;
(b) ensuring that the provisions of this Part and the regulations made under this Part are complied with; and
(c) complying with the occupational health and safety requirements of each of those authorizations, and those undertaken in a declaration related to any of those authorizations.
Contents
(2) The system shall be set out in writing and include provisions regarding
(a) the management of risks to the health and safety of employees — including any prescribed risks — and procedures for
(i) the ongoing and systematic identification and reporting of all hazards,
(ii) the assessment of risks associated with identified hazards, and
(iii) the implementation of hazard control measures;
(b) the role of any committee established for any of the operator’s workplaces and the interaction between those committees;
(c) the roles and accountability of the employers, employees, providers of serv- ices and suppliers that are responsible for implementing the operator’s occupational health and safety policy and occupational health and safety management system;
(d) the allocation of sufficient resources to ensure that employees continue to be qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective cooperation among employers;
(e) the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies;
(f) the procedures for dealing with failures to comply with the system and the procedures for the reporting and investigating of occupational diseases and of accidents, incidents and other hazardous occurrences and the keeping of related records and statistical analysis;
(g) the auditing of the adequacy and effectiveness of the system, including
(i) determining the ability of the system to achieve the purposes set out in subsection (1), and
(ii) identifying improvements that could be made to the system; and
(h) the implementation of the improvements identified during the audit referred to in paragraph (g).
Duty to review
(3) The operator shall review the system at least every three years in consultation with each workplace committee that it establishes.
Limitation
(4) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (h), the system shall meet the requirements of those regulations.
Power to require code of practice
205.016 (1) The Chief Safety Officer may, in writing, require an operator to establish a code of practice in respect of occupational health and safety, or to adopt a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer, in respect of
(a) any of its workplaces or any work or activity carried out at any of its workplaces; or
(b) the transportation of employees to or from any of its workplaces.
Revision of code of practice
(2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the operator to revise it from time to time.
Notification of accidents, etc.
205.017 (1) Every operator shall, as soon as it becomes known to the operator, notify the Chief Safety Officer of
(a) any occupational disease at any of its workplaces; or
(b) any accident, incident or other hazardous occurrence at any of its workplaces, or on a passenger craft going to or from any of those workplaces, that causes a death or serious injury or in which a death or serious injury is narrowly avoided.
Investigation of accidents, etc.
(2) Every operator shall investigate any occupational disease, or any accident, incident or other hazardous occurrence, described in paragraph (1)(a) or (b) and shall keep adequate records of its investigation — including any records that are prescribed — for the period that is prescribed.
Report
(3) An operator shall, no later than April 1 of each year, submit to each workplace committee that it establishes, to the Chief Safety Officer and, on request, to any special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that Officer.
Contents of report
(4) The report shall set out data on all occupational diseases, and all accidents, incidents and other hazardous occurrences, that have occurred at any of the operator’s workplaces or on a passenger craft going to or from any of those workplaces during the calendar year covered by the report, including the number of deaths, the number of serious injuries and the number of minor injuries.
Definition of “serious injury”
(5) In this section, “serious injury” means an injury that
(a) results in the loss by an individual of a body member or part of a body member or in the complete loss by an individual of the usefulness of a body member or part of a body member;
(b) results in the permanent impairment of a body function of an individual; or
(c) prevents an employee from reporting for work or from effectively performing all the functions connected with their regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for them.
Duties of Employers
Duty to take reasonable measures
205.018 Every employer shall take all reasonable measures to ensure
(a) the health and safety of its employees and other individuals at a workplace under its control;
(b) the health and safety of its employees at a workplace that is not under its control, to the extent that it controls their activities at the workplace; and
(c) the health and safety of its employees while — and immediately before — they are transported on a passenger craft.
Specific duties
205.019 (1) Every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,
(a) coordinate its undertaking with the work and activities of the operator and of any other employer at the workplace who may be affected by that undertaking;
(b) ensure that the operator’s occupational health and safety management system is complied with and carry out any responsibilities assigned to the employer under that system;
(c) determine, in consultation with the operator, the impact of its undertaking on occupational health and safety and ensure that other employers at the workplace who may be affected by that undertaking are provided with adequate information;
(d) communicate to its employees — and, in respect of a workplace under its control, to other individuals at the workplace — all information necessary to their health and safety, or ensure that the information is communicated to them;
(e) ensure that its employees comply with the provisions of this Part and the regulations made under this Part;
(f) ensure that each of its employees, and particularly each supervisor, is made aware of known or foreseeable health or safety haz- ards;
(g) ensure that its undertaking is conducted so as to minimize its employees’ exposure to hazards and, in respect of any other individ- uals at a workplace under its control, to minimize their exposure to hazards;
(h) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;
(i) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the information and training — including any that are prescribed — required for the proper use of all personal protective equipment that is prescribed or that is required by the operator or employer to be used or worn;
(j) provide its employees with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;
(k) ensure that the occupational health and safety requirements of any authorization related to the workplace are complied with;
(l) record and report to the operator all instances of failures to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace;
(m) ensure that all equipment, machines, devices, materials and other things at the workplace are properly installed, stored and maintained, are safe for their intended use and are used as intended;
(n) cooperate with and facilitate communication with committees established for the workplace;
(o) provide to members of any special committee it establishes for the workplace the support, opportunities and training — including any that are prescribed — necessary to enable the members to fulfil the duties and functions conferred on the committee;
(p) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition “workplace” in subsection 205.001(1) under its control is inspected by it or on its behalf at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates; and
(q) cooperate with the Board and with persons carrying out duties or functions under this Part.
Training
(2) An employee who, with the approval of their employer, is receiving training that is required under this Part shall be paid the same wages and granted the same benefits that the employee would have received had they been working.
Occupational health and safety program
205.02 (1) For the purpose of implementing the operator’s occupational health and safety policy, every employer shall, in consultation with the workplace committee, develop, implement and maintain, in respect of each workplace under the employer’s control, an occupational health and safety program that fosters a culture of workplace safety, if
(a) five or more employees are normally employed at the workplace by the employer;
(b) the program is required by the Chief Safety Officer; or
(c) the requirement for such a program is prescribed.
Contents
(2) The program shall be set out in writing and include provisions regarding
(a) the management of risks to the health and safety of the employees — including any prescribed risks — and procedures for
(i) the ongoing and systematic identification and reporting of all hazards,
(ii) the assessment of risks associated with identified hazards, and
(iii) the implementation of hazard control measures;
(b) the training and supervision of the employees that are necessary to ensure their health and safety and that of other individuals at the workplace;
(c) the establishment of special committees, the operation of workplace committees and special committees, the access by committees to a level of management with authority to resolve occupational health and safety matters and the information required under this Part to be maintained in relation to those committees;
(d) the roles of committees and their interaction in implementing the operator’s occupational health and safety policy;
(e) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy;
(f) the procedures, including those required under this Part, to be followed to protect the employees’ health and safety, and the identification of the types of work to which those procedures apply;
(g) the procedures to be followed to deal with
(i) failures to comply with the program and with the reporting and investigating of occupational diseases, and of accidents, incidents and other hazardous occurrences, at the workplace, and
(ii) the keeping of related records and statistical analysis;
(h) the auditing of the adequacy and effectiveness of the program, including
(i) determining the ability of the program to meet the requirements of the operator’s occupational health and safety policy and occupational health and safety management system, and
(ii) identifying improvements that could be made to the program; and
(i) the implementation of the improvements identified during the audit referred to in paragraph (h).
Limitation
(3) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (i), the program shall meet the requirements of those regulations.
Power to require code of practice
205.021 (1) The Chief Safety Officer may, in writing, require an employer to establish, in respect of a workplace under the employer’s control or any work or activity carried out at any of those workplaces, a code of practice in respect of occupational health and safety, or to adopt, in respect of such a workplace, work or activity, a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer.
Revision of code of practice
(2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the employer to revise it from time to time.
Specific duties of employer — hazardous materials
205.022 Subject to any exceptions that are prescribed, every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,
(a) ensure that concentrations of hazardous substances at the workplace are controlled in accordance with any standards that are prescribed;
(b) ensure that all hazardous substances at the workplace are stored and handled in the manner that is prescribed;
(c) ensure that all hazardous substances at the workplace, other than controlled products, are identified in the manner that is prescribed;
(d) subject to the Hazardous Materials Information Review Act, ensure that each controlled product at the workplace or each container at the workplace in which a controlled product is contained has applied to it a label that discloses information that is prescribed and has displayed on it, in the manner that is prescribed, all applicable hazard symbols that are prescribed;
(e) subject to the Hazardous Materials Information Review Act, make available to every employee at the workplace, in the manner that is prescribed, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely,
(i) if the controlled product is a pure substance, its chemical identity, and if it is not a pure substance, the chemical identity of any of its ingredients that is a controlled product and the concentration of that ingredient,
(ii) if the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in that List for that ingredient, the chemical identity and concentration of that ingredient,
(iii) the chemical identity of any ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee at the workplace and the concentration of that ingredient,
(iv) the chemical identity of any ingredient of the controlled product whose toxicolog- ical properties are not known to the employer and the concentration of that ingredient, and
(v) any other information that is prescribed with respect to the controlled product;
(f) if employees at the workplace may be exposed to hazardous substances, investigate and assess the potential exposure in the manner that is prescribed, with the assistance of the workplace committee or the coordinator, as the case may be; and
(g) ensure that all records of exposure to hazardous substances are kept and maintained in the manner that is prescribed and that personal records of exposure are made available to the affected employees.
Employer to provide information in emergency
205.023 (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as the circumstances permit, any information referred to in paragraph 205.022(e) that is in the employer’s possession to any physician — or other medical professional that is prescribed — who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.
Confidentiality
(2) Any physician — or other medical professional that is prescribed — to whom information is provided by an employer under subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.
Duties of Supervisors
Duty to take reasonable measures
205.024 Every supervisor shall take all reasonable measures to ensure the health and safety of employees and other individuals that they supervise at a workplace.
Specific duties
205.025 Every supervisor shall
(a) ensure that the employees that they supervise comply with the provisions of this Part and the regulations made under this Part;
(b) inform their employer and each of those employees of known or foreseeable health or safety hazards;
(c) if required to do so by their employer or the operator, provide those employees with written instructions as to the measures to be taken and the procedures to be followed for the protection of the employees; and
(d) report to their employer any failure to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator.
Duties of Employees
Duty to take reasonable measures
205.026 Every employee at a workplace or on a passenger craft shall take all reasonable measures to protect their own health and safety and that of other individuals at the workplace or on the passenger craft.
Specific duties — workplace
205.027 Every employee at a workplace shall
(a) cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace;
(b) use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator or their employer to be used or worn;
(c) take all reasonable measures to ensure that other employees use or wear, in the manner intended, all personal protective equipment referred to in paragraph (b);
(d) consult and cooperate with committees established for the workplace;
(e) cooperate with the Board and with persons carrying out duties or functions under this Part;
(f) follow all instructions of their employer given for the purposes of ensuring occupational health and safety; and
(g) report to their employer any thing or circumstance at the workplace that is likely to be hazardous to the health or safety of the employee or other individuals at the workplace.
Specific duties — passenger craft
205.028 Every employee shall
(a) while — and immediately before — being transported on a passenger craft, cooperate with the individual providing them with information and instruction on behalf of the operator, with their employer and with any individual who operates or assists in operating the passenger craft, so as to protect the health and safety of individuals on the passenger craft; and
(b) while being transported on a passenger craft, use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator, or by any individual who operates or assists in operating the passenger craft, to be used or worn on the passenger craft.
Limitation of liability — employee
205.029 No employee who, at the workplace or while — or immediately before — being transported on a passenger craft, comes to the assistance of another individual or carries out an emergency measure is personally liable for any injury or damage that may result from it, unless the injury or damage is a result of the employee’s gross negligence or wilful misconduct.
Duties of Suppliers and Providers of Services
Duty of supplier — reasonable measures
205.03 Every supplier shall, to protect the health and safety of individuals at a workplace or on a passenger craft, take all reasonable measures to ensure that any thing it supplies for use at the workplace or on the passenger craft is in a safe condition.
Specific duties
205.031 Every supplier shall ensure
(a) that any thing it supplies for use at a workplace or on a passenger craft meets the requirements of the regulations made under this Part; and
(b) if there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation.
Duty of provider of services — reasonable measures
205.032 Every provider of services shall take all reasonable measures to ensure that no individual at a workplace or on a passenger craft is endangered as a result of the services that it provides in connection with the workplace or passenger craft.
Specific duties
205.033 Every provider of services shall
(a) when it provides services in connection with a workplace that are related to the placement, with an operator or employer, of individuals who, in return for monetary compensation, perform work or services for the operator or employer at the workplace, ensure that those individuals have the qualifications and certifications — including any that are prescribed — that are necessary for them to perform the work or services in a manner that protects their health and safety and that of employees and other individuals at the workplace;
(b) ensure that any information that it provides in connection with the services that it provides is accurate and sufficiently complete so as to enable the operator or employer, as the case may be, to make a competent judgment on the basis of the information; and
(c) ensure, to the extent that it is possible to do so, that any operator, employer, employee, supplier or owner, or any other provider of services, will not, as a result of relying in good faith on its advice, or on a certificate, seal or stamp provided by it, be in contravention of the provisions of this Part or of the regulations made under this Part, or of the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization.
Duties of Owners, Interest Holders and Corporate Officials
Duty of owner — reasonable measures
205.034 Every owner shall take all reasonable measures to ensure that any workplace in respect of which they are an owner is delivered and maintained so as to ensure the health and safety of individuals at that workplace, including measures to inform the operator of known or foreseeable health or safety hazards that could assist the operator in
(a) reducing the risks posed by hazards at the workplace; and
(b) assessing whether the provisions of this Part and the regulations made under this Part — and the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization — are being complied with.
Duty of interest holder — reasonable measures
205.035 Every interest holder shall take all reasonable measures to ensure that the operator for a workplace in any portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with
(a) the provisions of this Part and the regulations made under this Part; and
(b) the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.
Duty of directors and officers of operators
205.036 (1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with
(a) the provisions of this Part and the regulations made under this Part; and
(b) the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.
Duty of directors and officers of suppliers and providers of services
(2) Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 205.03 to 205.033.
Duty of directors and officers of interest holders
(3) Every director and every officer of a corporation shall, if the corporation has duties under section 205.035, take all reasonable measures to ensure that the corporation complies with that section.
Communication of Information
Posting of information — operator
205.037 (1) Every operator shall post in printed form, in a prominent place at each of its workplaces,
(a) its occupational health and safety policy;
(b) contact information to enable the reporting of health or safety concerns to the Board; and
(c) the names of the members of any committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees.
Information and documents — operator
(2) Every operator shall make the following information and documents readily available at each of its workplaces in a prominent place accessible to every employee at the workplace, in printed or electronic form:
(a) a copy of this Part and the regulations made under this Part;
(b) a copy of the document describing the operator’s occupational health and safety management system;
(c) any code of practice required by the Chief Safety Officer under section 205.016 to be established or adopted by the operator for that workplace;
(d) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by any employer at that workplace;
(e) information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under any permission granted under section 205.069, any conditions placed on the use of that equipment or those methods, meas- ures, standards or other things and the duration of the permission; and
(f) information relating to the equipment, methods, measures, standards or other things permitted to be used on a passenger craft, or whose use is permitted in respect of employees or other passengers being transported on a passenger craft, under any permission granted to the operator under section 205.07, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission.
Incorporated material — operator
(3) Every operator shall, at the request of any employee or employer at any of the operator’s workplaces or by any committee established for any of those workplaces, make readily available for their examination any material incorporated by reference in the regulations made under this Part, in printed or electronic form.
Information — operator
(4) Every operator shall provide to any committee established for any of its workplaces, or to any employer or employee at any of those workplaces, in printed or electronic form, within seven days after the day on which an occupational health and safety officer requires it, any information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require.
Obligation to post satisfied
(5) An obligation imposed on an operator under subsection (1) is satisfied if the operator provides a copy of the information or document to each employee at the workplace.
Posting of information — employer
205.038 (1) Every employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.
Program and codes of practice — employer
(2) Every employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,
(a) a copy of the occupational health and safety program for the workplace; and
(b) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by the employer for the workplace.
Material and information — employer
(3) Every employer shall make available to the Board, if required by an occupational health and safety officer, and to any persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, any material or information referred to in subsections 205.037(3) and (4).
Obligation to post satisfied
(4) An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace.
Chief Safety Officer information — operator
205.039 (1) Every operator shall communicate to employees at a workplace and the workplace committee any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.
Chief Safety Officer information — employer
(2) An employer shall communicate to its employees at a workplace any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.
Provision of information to committees
205.04 (1) Every operator and every employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control, as the case may be, including a report under section 205.074, notify all committees established for the workplace of the report and, subject to section 205.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.
Reports available to employees
(2) Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace.
Editing of report — trade secrets
205.041 (1) If a report referred to in subsection 205.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret.
Editing of report — medical information
(2) If a report referred to in subsection 205.04(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.
Edited report
(3) The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.
Response to request for information — operator
205.042 (1) Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.
Response to request for information — employer
(2) Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.
Limitation — special committees
(3) If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established.
Other provisions
(4) Subsections 205.047(3) to (8) apply to the request with any modifications that the circumstances require.
Committees and Coordinator
Establishment
205.043 (1) Every operator shall establish one workplace committee for each of its workplaces, other than a workplace established for six months or less, for purposes related to occupational health and safety.
Exception
(2) Despite subsection (1), the Chief Safety Officer may authorize an operator to establish a single workplace committee in respect of two or more workplaces if the Chief Safety Officer is satisfied that the circumstances warrant it.
Other committees
(3) An occupational health and safety committee described in subsection 205.045(1) is deemed to be a workplace committee in respect of the workplace referred to in that subsection and to have been established by the operator for that workplace.
Duties of workplace committee
(4) A workplace committee shall
(a) receive, consider, investigate if necessary and promptly dispose of matters and complaints related to occupational health and safety;
(b) participate in inspections referred to in paragraphs 205.013(q) and 205.019(1)(p), in the investigation of any matter under paragraph 205.022(f) and in the activities of any health and safety officers that pertain to a matter under section 205.049 or subsection 205.05(8) or 205.054(8), and, at the discretion of a health and safety officer, participate in the officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;
(c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed;
(d) keep minutes of committee meetings in a form and manner approved by the Chief Safety Officer and provide a copy of those minutes, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and
(e) perform any other duties that are assigned to it by the Chief Safety Officer or that are assigned to it under an agreement between the operator and any employers and employees — or the union representing them — at the workplace.
Functions of workplace committee
(5) A workplace committee may
(a) seek to identify those things and circumstances at the workplace that are likely to be hazardous to the health or safety of employees, and advise on effective procedures to eliminate the hazards, to reduce the risks posed by the hazards and to protect against the hazards;
(b) advise the operator and the employers at the workplace on the occupational health and safety policy, the occupational health and safety management system and the occupational health and safety programs — and any procedures — required under this Part;
(c) advise on the provision of personal protective equipment suited to the needs of the employees;
(d) make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that carries out duties or functions under this Part; and
(e) participate in the activities described in subsection 205.079(1).
Limitation of liability
(6) An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.
Number of members
205.044 (1) A workplace committee consists of any number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them.
Selection of members
(2) The operator shall select no more than half of the members of a workplace committee from among employees at the workplace, at least one of whom shall be a representative of the operator. The other members, who represent the employees, shall be selected by the employees, or the unions representing them, from among employees at the workplace who do not exercise managerial functions.
Meetings
(3) A workplace committee shall meet at least once every month, or more frequently if the Chief Safety Officer requires it.
Time off work
(4) An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a member of the committee, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.
Rules of procedure
(5) A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed.
Co-chairpersons
(6) A workplace committee is to be co-chaired by two of its members, one chosen by members that have been selected by employees, or unions representing them, and the other chosen by members that have been selected by the operator.
Resolution of disagreements
(7) If there is disagreement as to the size of a workplace committee, the selection of members or any other matter that prevents or impairs the proper functioning of the committee, the Chief Safety Officer shall determine the matter and provide those concerned with a written determination. A determination by the Chief Safety Officer is final and binding and not subject to review or appeal.
Occupational health and safety coordinator
205.045 (1) If an operator establishes a workplace for six months or less, the operator shall — unless there is already an occupational health and safety committee for the workplace that meets the requirements of subsections 205.044(1), (2) and (6) — designate an employee at that workplace who has been approved by the Chief Safety Officer to act as an occupational health and safety coordinator in respect of that workplace.
Duties of coordinator
(2) The coordinator shall
(a) receive, consider, investigate if necessary, and promptly dispose of matters and complaints related to occupational health and safety;
(b) assist their employer in carrying out the employer’s duties under paragraph 205.022(f);
(c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and
(d) perform any other duties that are assigned to them by the Chief Safety Officer.
Recommendations
(3) The coordinator may make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that has duties or functions under this Part.
Duties of operator
(4) The operator shall
(a) ensure that the coordinator is informed of their responsibilities as coordinator under this section;
(b) ensure that the coordinator is provided with the training in health and safety — including any that is prescribed — necessary to enable them to fulfil their duties and functions as coordinator; and
(c) make readily available to employees at the workplace, in printed form, the name of the coordinator and the coordinator’s contact information.
Duties of operator and employer
(5) The operator and the employers at the workplace shall cooperate with the coordinator and facilitate communications between the coordinator and the employees at the workplace.
Limitation of liability
(6) An individual who serves as a coordinator is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.
Time off work
(7) An employee who is a coordinator is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a coordinator, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.
Order to establish special committee — operator
205.046 (1) The Chief Safety Officer may, after consultation with an operator, order the operator to establish a special committee for any of its workplaces for particular purposes related to occupational health and safety.
Order to establish special committee — employer
(2) The Chief Safety Officer may, after consultation with an employer having control over a workplace, the operator, and the employer’s employees at the workplace or the union representing them, order the employer to establish a special committee for that workplace for particular purposes related to occupational health and safety.
Mandate, duties and functions
(3) The order shall set out the mandate, duties and functions of the special committee and the responsibilities of the operator or employer, as the case may be.
Time limit
(4) The operator or employer, as the case may be, shall establish the special committee within 15 days after the day on which it receives the order.
Provisions applicable
(5) Paragraphs 205.043(5)(b) and (d) and subsections 205.043(6) and 205.044(1) to (7) apply, with any modifications that the circumstances require, in respect of a special committee.
Response to recommendations
205.047 (1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, as the case may be, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request.
Nature of response
(2) The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection.
Response delayed — explanation
(3) If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided.
Revised date for response
(4) Unless the committee notifies the operator or employer, as the case may be, that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date.
Report of delay
(5) If the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer.
Confirmation of date
(6) If the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date.
Fixing new date
(7) If the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date.
Report regarding response
(8) If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter.
Workplace Monitoring
Observers
205.048 (1) A workplace committee may choose an employee at the workplace to observe
(a) the set-up of, or any change to, systems for monitoring conditions at the workplace that affect the health or safety of employees, including systems for taking samples and measurements; and
(b) the subsequent monitoring of the conditions referred to in paragraph (a), including the taking of samples and measurements.
Observers
(2) Every employer who conducts an activity described in paragraph (1)(a) or (b) at the workplace, and the operator if the operator conducts such an activity, shall permit the observer to observe the activity.
Exception
(3) Subsection (2) does not apply in an emergency situation, or in respect of monitoring referred to in paragraph (1)(b) that is carried out continuously or on a regular and frequent basis.
Notice and access
(4) When an operator or an employer monitors health and safety conditions at a workplace, the following requirements apply:
(a) if an employer is carrying out the monitoring, the employer shall give reasonable notice to the operator to enable the operator to comply with paragraph (b);
(b) if an operator is carrying out the monitoring or is notified under paragraph (a), the operator shall give reasonable notice of the commencement of monitoring to all employers at the workplace;
(c) the operator or the employer carrying out the monitoring shall give reasonable notice of the commencement of monitoring to the observer, and shall provide the observer with access to the workplace for the purpose of observing the monitoring; and
(d) the operator or employer carrying out the monitoring shall, at the request of the observer, explain the monitoring process to the observer.
Monitoring by health and safety officers
(5) Monitoring may be carried out on the order of a health and safety officer under section 205.073 even if the notices referred to in paragraphs (4)(a) to (c) have not been given.
Compensation of employees
(6) An employee acting as an observer shall be paid the same wages and granted the same benefits that the employee would have received had they been working.
Reporting of Occupational Health and Safety Concerns
Duty to report
205.049 (1) An employee who has reasonable cause to believe that a provision of this Part or of the regulations made under this Part has been contravened or that there is likely to be an accident or injury arising out of, linked to or occurring in the course of employment shall report their concern to their supervisor.
Resolve concern
(2) The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible.
Notice to employer, etc.
(3) If the employee’s concern is not resolved, they may notify their employer, and when so notified the employer shall in turn notify the workplace committee or the coordinator, as the case may be, and the operator.
Notice to health and safety officer
(4) If the employee’s concern is not resolved after they notify their employer, the employee may notify a health and safety officer.
Right to Refuse
Refusal to perform activity
205.05 (1) Subject to subsection (2), an employee may refuse to perform an activity at a workplace if they have reasonable cause to believe that the performance of the activity constitutes a danger to themselves or another individual.
Circumstances when refusal not permitted
(2) An employee is not permitted to refuse to perform an activity if the refusal puts the life, health or safety of another individual directly in danger.
Report to supervisor
(3) An employee who refuses to perform an activity shall immediately report the circumstances of the matter to their supervisor.
Action by supervisor
(4) The supervisor shall immediately take action to try to resolve the matter. If the supervisor believes that a danger exists, they shall immediately take any action that is necessary to protect any individual from the danger and to inform the workplace committee or the coordinator, as the case may be, the operator and the employee’s employer of the matter. If the supervisor does not believe that a danger exists, they shall so notify the employee.
Report to employer, etc.
(5) If the employee continues to refuse to perform the activity, they shall immediately notify their employer and the workplace committee or the coordinator, as the case may be, and the employer shall in turn notify the operator and any provider of services that is providing services related to the placement of that employee.
Report to occupational health and safety officer
(6) Immediately after being notified under subsection (5), the operator shall notify an occupational health and safety officer of the continued refusal of the employee to perform the activity and of any remedial action taken.
Recommendations of committee or coordinator
(7) The workplace committee or the coordinator, as the case may be, may make any recommendations that they consider appropriate to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee.
Enquiry and decision
(8) The occupational health and safety officer shall, if the employee continues to refuse to perform the activity, enquire into the matter, taking into account the recommendations, if any, made by the workplace committee or the coordinator. The officer shall give to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee, and to the workplace committee or the coordinator, as the case may be, a written notification of their decision on the matter.
Dangerous situation — order
(9) If the occupational health and safety officer decides that the performance of the activity constitutes a danger to the employee or another individual, the officer shall make any order under subsection 205.093(1) or (2) that the officer considers appropriate, and the employee may continue to refuse to perform the activity until the order is complied with or until it is varied or revoked under this Part.
No right to refuse
(10) If the occupational health and safety officer decides that the performance of the activity does not constitute a danger to the employee or another individual, or that the refusal puts the life, health or safety of another individual directly in danger, the employee is not entitled under this section to continue to refuse to perform the activity.
Opportunity to explain reasons for refusal
205.051 (1) An employee who refuses under section 205.05 to perform an activity may accompany an occupational health and safety officer when the officer is enquiring into the matter under subsection 205.05(8), for the purpose of explaining the reasons for the employee’s refusal.
Compensation of employee
(2) An employee who, under subsection (1), accompanies an occupational health and safety officer shall, during that time, be paid the same wages and granted the same benefits that the employee would have received if they had not exercised their right to refuse.
Assignment of equivalent work
205.052 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.05 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.05(9) or (10), is no longer permitted to refuse to perform the activity.
Compensation during assignment
(2) If the employee is assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay them the same wages and grant them the same benefits that they would have received had they not refused to perform the activity.
Compensation if no assignment
(3) If the employee is not assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 205.05(9) or (10) is no longer permitted to refuse to perform the activity, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to perform the activity.
No compensation if refusal of equivalent work
(4) Subject to any applicable collective agreement or other agreement, if the employee refuses an assignment of reasonably equivalent work, they are not entitled to receive any wages or benefits.
Other employees
(5) For as long as the employee continues to exercise their right to refuse to perform an activity, another employee shall not be assigned to perform the activity unless the employer has advised that other employee of the refusal, the reasons for the refusal and the right of that other employee to refuse to perform the activity.
Repayment
(6) Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if the provincial labour relations board determines in respect of an application made under section 205.063, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.
Compensation for other employees
205.053 (1) Subject to any applicable collective agreement or other agreement, an employee at a workplace who is affected by a work stoppage arising from a refusal by another employee to perform an activity shall be paid the same wages and granted the same benefits that they would have received had no work stoppage occurred, until work resumes or until they return to their usual point of disembarkation on shore, whichever event occurs first.
Equivalent work
(2) Subject to any applicable collective agreement or other agreement, an employer may assign reasonably equivalent work to an employee who is affected by a work stoppage at the same wages and benefits that the employee would have received if no work stoppage had occurred.
Refusal to be transported
205.054 (1) An employee may refuse to be transported on a passenger craft if they have reasonable cause to believe that being transported on it constitutes a danger to them.
Report to operator
(2) An employee who refuses to be transported on a passenger craft shall use the con- tact information provided under paragraph 205.014(1)(b) to immediately report the circumstances of the matter.
Notice to Chief Safety Officer or delegate
(3) On being notified of a refusal under subsection (2), the operator shall immediately notify the Chief Safety Officer unless the Chief Safety Officer has provided other contact information for the purposes of this subsection, in which case the operator shall use that contact information to make the notification.
Notice to passengers
(4) For as long as the employee continues to exercise their right to refuse to be transported on the passenger craft, or for any longer period specified by the Chief Safety Officer, the operator shall notify all other employees and other passengers to be transported on the passenger craft, before they are transported, of the refusal, the reasons for the refusal and the right of employees to refuse to be transported.
Action by operator
(5) The operator shall immediately take action to try to resolve the matter. If the operator believes that the transportation constitutes a danger to the employee, it shall immediately take any remedial action that is necessary and inform the workplace committee established for the workplace to or from which the employee was to be transported, and an occupational health and safety officer, of the matter. If the operator does not believe that the transportation constitutes a danger to the employee, it shall so notify the employee.
Report to workplace committee, etc.
(6) If the employee continues to refuse to be transported, the operator shall immediately notify the workplace committee, the employee’s employer and an occupational health and safety officer of the continued refusal of the employee to be transported and of any remedial action taken. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee.
Recommendations of committee
(7) The workplace committee may make any recommendations to the employee and the operator that it considers appropriate.
Enquiry and decision
(8) The occupational health and safety officer shall, if the employee continues to refuse to be transported, enquire into the matter, taking into account any recommendations made by the workplace committee. The occupational health and safety officer shall decide whether the transportation constitutes a danger to the employee, and shall give to the employee, the employee’s employer, the operator and the workplace committee a written notification of the decision. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee.
Dangerous situation — order
(9) If the occupational health and safety officer decides that the transportation constitutes a danger to the employee, the officer shall make any order under subsection 205.093(1) or (2) that they consider appropriate, and an employee may continue to refuse to be transported until the order is complied with or until it is varied or revoked under this Part.
No right to refuse
(10) If the occupational health and safety officer decides that the transportation does not constitute a danger to the employee, the employee is not entitled to continue to refuse to be transported.
Assignment of equivalent work
205.055 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.054 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported.
Compensation during assignment
(2) If an employee is assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported.
Compensation if no assignment
(3) If an employee has not been assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported.
No compensation if refusal of equivalent work
(4) Subject to any applicable collective agreement or other agreement, if an employee refuses an assignment of reasonably equivalent work, the employee is not entitled to receive any wages or benefits.
Repayment
(5) Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if the provincial labour relations board determines in respect of an application made under section 205.063, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.
Pregnant or Nursing Employees
Cessation of functions
205.056 (1) Without prejudice to the rights conferred by section 205.05 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of the functions connected with her regular work may pose a risk to her health or to that of her foetus or child.
Notification
(2) On being informed of the cessation, the employer, with the written consent of the employee, shall notify the workplace committee established for the employee’s workplace or the coordinator, as the case may be.
Medical certificate
(3) The employee shall provide to her employer, and any provider of services that is providing services related to her placement, as soon as possible, a certificate of a medical practitioner of her choice who is entitled to practise medicine under the laws of a province
(a) certifying that continuing any of the functions connected with her regular work poses a risk to her health or to that of her foetus or child and indicating the expected duration of the risk and the activities or conditions to avoid in order to eliminate the risk; or
(b) certifying that continuing the functions connected with her regular work does not pose a risk to her health or to that of her foetus or child.
Provision no longer applicable
(4) Without prejudice to any other right conferred by this Part, by a collective agreement, by another agreement or by any terms and conditions of employment, once the medical practitioner has established that there is a risk as described in subsection (1), the employee is no longer permitted to cease to perform her job under that subsection.
Employer may reassign
(5) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of her foetus or child.
Status of employee
(6) Whether or not the employee has been reassigned to another job, she is deemed to continue to hold the job that she held at the time she ceased to perform her job and is to continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.
Reassignment and job modification
205.057 (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request that the employer modify the functions connected with her regular work or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of those functions may pose a risk to her health or to that of her foetus or child.
Medical certificate
(2) The employee’s request shall be accompanied by a certificate described in paragraph 205.056(3)(a).
Employer’s obligations
205.058 (1) An employer to whom a request has been made under subsection 205.057(1) shall examine the request in consultation with the employee and, if feasible, shall modify the functions connected with her regular work or shall reassign her. The employer shall notify any provider of services that is providing services related to the placement of that employee that the request has been made.
Rights of employee
(2) An employee who has made a request under subsection 205.057(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of the functions connected with her regular work so requires, she is entitled to and shall be granted a leave of absence with the same wages and benefits — payable by the employer or any provider of services that is providing services related to the placement of that employee, as the case may be — that she would have received had she not been on leave of absence until the employer
(a) modifies the functions connected with her regular work or reassigns her; or
(b) informs her in writing that it is not feasible to modify the functions connected with her regular work or to reassign her.
Onus of proof
(3) The onus is on the employer to show that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible.
Employee to be informed
(4) If the employer concludes that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible, the employer shall so inform her in writing.
Status of employee
(5) If the functions connected with the employee’s regular work are modified or the employee is reassigned, the employee is deemed to continue to hold the job that she held at the time of making the request under subsection 205.057(1), and shall continue to receive the wages and benefits that are attached to that job.
Employee’s right to leave
(6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.